Pankaj Giri @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2462 of 2018 Arising Out of PS.Case No. -44 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================

1. Pankaj Giri @ Pankaj Kumar, Son of Narendra Giri, Resident of VillageBaruna, Police Station- Natwar, District- Rohtas at Sasaram. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-08-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 25.06.2018 passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram, in Registered Case No.229 of 2018, arising out of SC/ST Dehri Police Station Case No.44 of 2016, registered under Sections 341/323/376/511/379/504/34 of the Indian Penal Code and Sections 3(i) (r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Natwar P.S. Case No.51 of 2016 was lodged by the appellant against the husband of the informant and others with allegation of commission of murderous assault. Submission is that just to save skin from that case the

Patna High Court CR. APP (SJ) No.2462 of 2018 dt.16-08-2018 P2/ present case was lodged on 06.07.2016 for the occurrence of the same day wherein specific allegation of outrage the modesty of the informant is against Narayan Giri. No specific overt-act is alleged against this appellant.

Considering the general and omnibus nature of allegation as well as background of allegation, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date18.08.2018 Transmission Date 18.08.2018